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and save the section. The idea of pro- same category with members of the
hibiting any members of the Legisla-Legislature.
ture, or any State officers, from being Mr. MUSSEY. Would it not suit
interested in any contract with the the views of the gentleman to strike
State, is perfectly impossible. If the out the words "member of the Legis-
people of Lansing here could evade the lature," so as to make this apply to
law by entering into such combinations State officers only?
as have been mentioned here, they will
also evade the law and enter into com-
binations to obtain contracts with the
State. The person not interested in
the contract may not be known to those
who make the contract.

Mr. THOMPSON. I cannot believe it possible that this section will be stricken out, and that we will leave this matter to be run hap-hazard by the State, as it was some years ago. It seems to me that to adopt the amendment proposed by the gentleman from Kent, (Mr. WITHEY,) is to tithe the mint and anise, while we neglect the weightier matters of the law. It seems to me that the section as originally reported was correct. If we strike it out, it will be a matter of regret with us hereafter. If one part or the The question was then taken upon other of the section must be omitted, the amendment of Mr. MUSSEY; and I would prefer to strike out the last upon a division, there were ayes 21, part of it and retain the first. Inoes 18; no quorum voting. am opposed to all amendments to it, and shall vote to retain the original section if I can have the opportunity. Mr. MORTON. I hope the remaining portion of this section will be stricken out, so long as the first part of it has been stricken out. I do not

The question was again taken; and upon a division, ayes 38, noes 18, the amendment was agreed to.

The question recurred upon the motion of Mr. CONGER to strike out the section as amended.

Mr. HENDERSON. But those words are not stricken out. Mr. MUSSEY. The gentleman could try that.

Mr. HENDERSON. I am not prepared to make any motion of that kind.

Mr. GIDDINGS. I will move to amend this section by striking out the words suggested by the gentleman from Macomb, (Mr. MUSSEY,) so that it will read: "No State officer shall be interested, directly or indirectly, in any contract with the State."

Mr. P. D. WARNER. It has been urged as a reason for striking out the principal portion of this section, that, in letting contracts to the lowest bid

imagine that the section as originally tion is put, I move to amend this secMr. BLACKMAN. Before that moadopted, has ever had any effect in tion by striking out the words "officer der, frauds were practiced upon the controlling the subject of contracts, or of the State," and inserting the words State, and that the interests of the ever will, so long as it contains the "State officer." I make this amend-State were made to suffer because conwords "who shall give adequate and ment merely to correct what might be tracts were thus let. To remedy that satisfactory security for the perform-regarded as an ambiguity. "Officer of evil, this section has been amended, so as to leave the field open to competi

ance thereof." The board of State au- the State," is rather an ambiguous ex-
ditors can reject any bid that is made,
under the pretence that the security is pression; it might apply to any officer tion from every source, so that any
under the pretence that the security is in the State-that is, the sense in which person who desired to contract with
not adequate. I do not believe any it is sometimes used. I make this the State, would be at liberty to make
person who would do his work well, motion in order to remove any question as advantageous a contract as it was

of that kind.
possible to secure from the officers of
The amendment of Mr. BLACKMAN ized to make the contract. I certainly
the State, who by law might be author-
was agreed to.

The question again recurred on the motion of Mr. CONGER to strike out the section as amended.

cannot see any force in the reasoning which would exclude from the participation in these contracts, all members of the Legislature and all State officers. If these contracts are to be let for the benefit of contractors, for the

would succeed in such a transaction as gentlemen here have mentioned, unless the board of State auditors consent to it. I do not know that you can make provision in which the devil cannot be whipped around the stump some way. I do not know that it is important that we should have anything on Mr. HENDERSON. Being fully the subject. If it is, then I think the satisfied with the section as reported old section might be amended so as to by the committee, I have not partici- advantage of individuals, without reaccomplish all that is necessary. If pated in moving amendments to it. you want the printing done really and honestly by the lowest bidder, no man could get it without the requisite security. I apprehend that this matter is managed under the pretence of good security. I hope this last clause will be stricken out also.

gard to the public interest, then strike But now, after the amendments which out what remains of this section, so have been made to the section, I am that all persons will have the full right anxious that it should be stricken out. and benefit to be derived from such Were the members of the Legislature contracts. I hope that this motion to and State officers not associated to- strike out will prevail; that if it is the gether in it, I should think differently. intention of this committee to leave I would be willing, indeed I would be this as it was before the adoption of anxious, to put this restriction upon the Constitution of 1850, entirely an State officers. But when you go on open question, there will be no restricto say that a member of the Legisla- tion placed upon the rights and privture shall not, directly or indirectly, be ileges of any citizen of the State of interested in any contract which may Michigan, that the field may be left The question recurred upon the be construed as a contract with the open in every direction for competiamendment of Mr. MUSSEY to strike out State, I think you are going too far. tion.

The question was then taken upon the amendment of Mr. WITHEY, to add to the amendment of Mr. MuSSEY, the words, "for fuel, stationery or printing," and it was not agreed to.

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the word "6 such," before the word I think if we take this action we will It may be that the interests of the "contract," and to insert after the have occasion to regret it. A moment's State may be subserved by having the word "contract," the words "with thought will lead us to see how many opportunity of letting some of these the State." contracts there are of this nature; contracts to individuals, who are proMr. M. C. WATKINS. I cannot see contracts in connection with our asy-hibited from taking them by the unnecany propriety in this amendment. I lums and State prison, etc. Hence, I essary part of this section. If a system believe the better way would be to hope this section will be stricken out, strike out the balance of this section. and that we may have something inThen, possibly, when we get into Con- corporated in its place which will reach vention, we might undo our work here State officers, and not put them in the

should be inaugurated different from that under the present Constitution, it may be to the advantage of the State. that some of its State officers, or mem

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bers of the Legislature, should be permitted to take contracts, for they might

be in a condition to better subserve

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shall be reported back to the Convention for its final action upon the Constitution as an entirety.' That has reference to the arrangethe interests of the State, than any ment of all the articles in the Constiother individuals. I am in favor of tution, by the committee on arrange giving them an opportunity to com- ment and phraseology. But there is pete for these contracts, the same as other individuals, and not proscribe take a section from one article and put no provision made by which they can them because they happen to be clothed in with the honors and responsibilities of members of the Legislature and State officers.

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The question recurred upon the motion to strike out the section.

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any other article.

Mr. CONGER. It seems to me that

the place to adopt a section is the place where it should stand. It is admitted by all that this section, in its present cle, and not placed in this article. form, should be placed in another arti

Those other articles are still within the opinion is, that we should, in regard to control of the Convention. My own

this section, as we have in regard to Mr. BILLS. In determining the other matters of a similar kind, strike merits of this section, it is certainly out the section here and insert it where no argument against it, that it is not it belongs. The gentleman from Lenatainly no argument against it that the committee on the legislative denow in its proper place; it is certainly no argument against it that wee, (Mr. BILLS,) says the chairman of

the chairman of the committee of

not know that we

the legislative department, (Mr. CON- partment has no control over this mat-
CON-ter any more than anybody else. Now,
GER,) has any feeling one way or it was not necessary for that gentleman
the other upon the subject. I do to remind the chairman of the com-
are bound to mittee of his position in that respect,
for he has not assumed any such power
as that. I hope the same motives will
tees of this Convention.
govern the chairmen of other commit-

presume any such thing; but even if
we did, it would be no argument for or
against this section.

Mr. BLACKMAN. It will be recol

Mr. COOLIDGE. I am in favor of the motion of the gentleman from St. Clair, (M CONGER,) to strike out the remainder of this section. I suppose that he has some feeling about this matter. Observe what is left of this section twenty-three of the article I take it, that whatever may be the on the legislative department: "No duty of the committee on arrangement State officer shall be interested, directly and phraseology, the committee are lected, that when a certain subject was or indirectly, in any contract with the able to place this section in whatever under discussion some time ago, it was State." I can hardly suppose that it article they may see fit, if the section admitted by all, that the section under would be creditable to the committee shall be adopted. I have nothing to consideration, properly belonged to anon the legislative department, and par- say at the present time, except in re- other article than the one in which it ticularly to the chairman of that com- gard to the merits of this section. I mittee, to have such a section as this conceive that it has merits. I think was reported. But it was held that it in the article they reported. Certainly, is well that in the Constitution we the committee on phraseology would should provide that those who are the not feel itself authorized to take this contracting parties in behalf of the section as it now stands, if passed by State to procure labor, work and mathe committee, and put it in any other terials for the State, in carrying on the article. Of course, then, I must vote government should not be parties to those contracts. I believe that is conceded to be sound doctrine.

to strike out the section.

Mr. WILLARD. I would say that the committee on arrangement and phraseology would not be authorized to place this section in any other

article whatever.

Mr. COOLIDGE. Certainly not. Mr. BLACKMAN. It strikes me that that committee is a committee on arrangement as well as on phraseology, and it certainly seems to me they would have ample power to make such an arrangement.

Mr. M. C. WATKINS. To strike out this section from this article?

Mr. BLACKMAN. To put it in a different place; not to strike it out of the Constitution.

Mr. WILLARD. Let me read what our rules say upon that subject. Rule thirty-seven is as follows:

"Whenever an article shall have reached

the order of third reading, it shall be referred to the committee on arrangement and phraseology, for arrangement, correction and engrossment, before it shall be placed upon its

final passage."

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it

Mr. P. D. WARNER. In the law
authorizing the letting of these con-
tracts, could it not be provided that

these State officers should not be in-
cluded if the Legislature should think
proper to do so?

could be adopted in connection with that article, and then, if we saw fit, we could take it from that article, or we could instruct the committee on arrangement and phraseology to take it from that article, and place it where they should see fit. I think that rule would apply here as well as it did there.

The question was then taken on the motion of Mr. CONGER, to strike out the section; and upon a division, ayes 31, noes 23, the motion was agreed to.

PUBLICATION OF LAWS, ETC.

The next section was read, as follows:

SECTION 24. The Legislature shall not establish a State paper, but shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.

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Mr. BILLS. I would suppose that if there was no prohibition in the Constitution the Legislature might be at liberty so to direct. But the question we are now discussing here is, whether there should be placed such a restriction in the Constitution. My own Mr. T. G. SMITH. I move to amend judgment of the matter is that it is this section by striking out the words prudent to do so; that those, who in" shall not establish a State paper, behalf of the State make contracts for but;" so that it will read, "the Legislasupplies for the State, should not be ture shall provide for the speedy publiparties to the contract to furnish those cation of all statute laws," etc. I make supplies, because they are quasi con- this motion, because I consider this tractors on behalf of the State. For an unnecessary restriction on the Legthat reason I would deem it wise and islature. I think this is a matter which prudent that, while they are thus act- might be safely left to their discretion. ing as the agents of the Government I think it would be a matter of to procure those supplies, they should convenience to the people of this State, not take these contracts. If the com- if we could have a State paper, some mittee shall deem that proper, we can paper in which the laws of the State adopt this section and then it will be could be published, and to which every competent for the Convention to order person could look for the laws as they it to be placed wherever in the Consti- were passed. I think it would be a great convenience to the people of the

arrangement and phraseology for numerical
arrangement, in their appropriate order, and tution they may see fit.

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State. The small pittance now given for particular organizations. The I do not design to have my amendment
for publishing the laws does not lead wants of particular cities, townships, take the place of anything in this arti-
to this general publication. Some pa- and villages are not so very important cle; it is simply an addition to the sec-
pers publish some of the laws. But and special as to require this kind of tion. I propose by my amendment to
we do not know any paper that will al- legislation. General laws could be give to the Legislature power to or-
ways publish them. In the State of passed so framed as to meet the wants ganize townships, cities and villages;
New York they have a State paper in of all localities, and in this manner but in all cases to require that they shall
which the laws are published. And I save a very large amount of expense be organized under general law, ex-
believe it is considered a matter of to the State. For this reason I offer cept in the case of cities containing
great convenience to the people.
this amendment.
over ten thousand inhabitants. The
Mr. STOUGHTON. My understand- Legislature can authorize the board of
ing of the intention and scope of sec- supervisors of the several counties to
tion twenty-six is very different from take initiatory steps for organizing a
that of the gentleman who has moved township, city or village, in order that
this amendment. I do not understand the general law might apply to the
that it has anything whatever to do particular organization which the board
LEGISLATURE TO PROVIDE FOR FILLING VA- with the organization of townships, of supervisors might assist in bringing
villages and cities. That is provided into being. The Legislature could es-
for in another article. This section tablish some uniform system for the
provides simply that the Legislature organization of the governments of
may confer upon townships, cities and these municipalities, and in that way a
villages certain legislative powers. I vast amount of time and expense would
take the object of that to be simply be saved.

The question was taken upon the amendment of Mr. T. G. SMITH, and upon a division, ayes 10, noes not counted, it was not agreed to.

No further amendment was offered to the section.

CANCIES IN OFFICE, ETC.

The next section was read as follows:

SECTION 25. The Legislature may declare the cases in which any office may be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this Constitution.

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Mr. SUTHERLAND. I desire to

Mr. FERRIS. I object.
No amendment was offered to this
No amendment was offered to this

section.

POWERS OF MUNICIPALITIES.

The next section was read as follows:
SECTION 26. The Legislature may confer
upon organized townships, incorporated cities
and villages, and upon the board of supervi-
sors of the several counties, such powers of a
local, legislative, and administrative charac-
ter as they may deem proper.
CITIES, TOWNSHIPS AND VILLAGES TO BE
VILLAGES TO BE
ORGANIZED UNDER GENERAL LAWS.

no such

this; in the first place, the legislative Mr. FERRIS. I desire to say one power is vested in the State Leg-word upon this amendment. I deem offer a new section to come in as sec-islature. Towns and cities have it one of the most important and valtion twenty-six of this article. no such powers whatever; they can uable propositions that has been introThe CHAIRMAN. The usual course exercise such power, without duced into this body. I am satisfied adopted, in the opinion of the Chair, the authority of the Legislature. that, if we adopt it, there will be saved is to pass through the article first, and The Legislature itself without some to the State thousands upon thousands then consider such amendments as authority from the Constitution could of dollars in the simple item of exmay be offered to the article in the not vest this power in these organi- pense of legislation. This presents a form of additional sections or other- zations. If the Constitution' were plan similar to that in operation in the wise. The amendment of the gentle-entirely silent upon this subject, State of Ohio. I do not know preman from Saginaw, (Mr. SUTHERLAND,) I apprehend the Legislature would be cisely the wording of their Constitucan be received at this time if there is wholly without warrant or authority to tion by which it is effected. But they no objection. assume to give to towns and villages have there a system by which these rule would undoubtedly hold good that they work from one stage into the any legislative power whatever. The political corporations are created, and the agents of the State could not dele- other without any special enactment gate the power conferred upon them by the Legislature. The consequence by the State without special authority. is, their statute books are comparatively The representatives of the State are free from these local laws by which the agents of the people for the pur- ours are so heavily encumbered. I poses of legislation; and without some am satisfied that if we adopt this constitutional power they could not amendment it will be of great advandelegate any legislative power to towns tage to the State. Hence, it is proposed to Mr. HOLT. I believe there is a or cities. have in the Constitution a provision committee on cities and villages who authorizing the Legislature to dele- have not yet reported. When they gate a certain part of the legislative submit their report, there may be power to cities, towns and villages, and something in it to govern this case. their boards of supervisors. Without It seems to me unnecessary here. this neither of those organizations Mr. LUCE. Like the gentleman could exercise any such power. If from Kent, (Mr. FERRIS,) I deem this this power be taken away from them, provision a very important one. I preit would impose upon the Legislature sume that of the volume containing the of the State an amount of business that local laws of last session yet to be pubcould not possibly be performed. Be-lished, said to consist of thirteen hunI offer this amendment for the pur- sides, it is much more convenient for pose of requiring all such legislation townships and villages, and cities, to to be of a general character, and to legislate in regard to their local matsave to the State that very considerable ters, than it is for the Legislature to do expense which occurs at every session all the legislation for them. in framing such legislation for those Mr. SUTHERLAND. I think the purposes. I doubt not it will be with- gentleman from St. Joseph, (Mr. in the recollection of all the members STOUGHTON,) has entirely misapprepresent that at each successive session hended the character of my amend of the Legislature a large portion of ment, as well as the substance of what their time is consumed in legislating I have proposed to add to this section.

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Mr. SUTHERLAND. I move to

amend section twenty-six of this arti-
cle by adding to it the following.

“The Legislature shall provide by general
law for organizing townships, cities and vil-
lages, on such conditions and subject to such
regulations, as may be prescribed. No special
acts to create any such organization or de-
fining their powers, except cities containing
over ten thousand inhabitants, shall here-
after be passed by the Legislature."

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dred pages, at least nine hundred are taken up for acts of incorporation of various kinds, that would be cut off to a great extent by this amendment. There are some practical objections, I think, to the proper working of this amendment. It is well, perhaps, for the committee to pause a moment, and reflect upon some objections to it. If it could be so framed that it would not work injuriously, and be impracticable,

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Mr. LONGYEAR. Will the gentle

i

I should certainly be in favor of it. of powers, and some have another set report progress, and ask leave to sit But suppose a new county is organized of powers entirely different. As I un- again. with only one organized township in derstand, there is no uniformity in the county, as sometimes occurs. How regard to the matter. I understand man from Wayne, (Mr. McCLELLAND,) is the board of supervisors to go on and that many of these acts which have withdraw that motion for a moment? organize new towns, when there being been passed, some of them, granting Mr. McCLELLAND. Certainly. but one township in the county there very great powers to these villages, Mr. LONGYEAR. I suppose the can be no board of supervisors? have been passed through here, in next section will be reached very soon Mr. SUTHERLAND. A case like a large bundle, rolled up and never after we come into committee of the the one the gentleman has suggested examined either by the Legislature or whole this afternoon. It is a section has actually existed in my neighbor- by the committee that had them in in relation to municipal aid to railroads, hood, where one supervisor constituted charge. I have been so informed by and it is considered a matter of great and acted as a board of supervisors for members of the Legislature. That importance and and general general interest years. certainly is an evil which it would be throughout the State. Quite a number Mr. LUCE. If I understand cor- well to avoid. We have had some of the members of this body are absent rectly the decision of the Supreme remarks made here in regard to the on leave, and I design to be absent Court, lately rendered in the case of bulk of our session laws. If gentle- myself this afternoon. When this Washington county, they have decided men will examine the session laws for subject of municipal aid to railroads that one supervisor is not, and cannot 1859, the largest volume I believe of shall come up for consideration, I depossibly be, a board of supervisors. I the kind which we have, they will sire to be present, and I suppose many think that decision would hold good ascertain that a great portion of that other gentlemen, now absent, would in case of other counties. This amend- volume is made up of acts of incor- like to be here then. I would, therement provides that in no case shall a poration of villages, which would be fore, move that when section twentyLegislature organize a township, or covered by this amendment. seven in this article shall be reached, city, or village. That, it seems to me if it be reached this afternoon, that it be passed over for to-day. would preclude the organization of some townships where it would be ab- force of this amendment, it would prevent the Legislature from interfering

Mr. CONGER. If I understand the

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The motion of Mr. LONGYEAR Was

solutely necessary to have them organ-in any manner with municipal corpo- agreed to.

ized.

I

manner which is obnoxious to the
people.

Mr. MCCLELLAND. The amend

Mr. McCLELLAND. I now renew

again.

Leave was accordingly granted.
Mr. HOLMES. I move that the
Convention now take a recess.

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The motion was agreed to; and ac

Mr. BLACKMAN. Does this amend-rations after they had been once ment confine the organization of town-formed; it would restrict the power of my motion that the committee rise, reships and villages to boards of super- There has been some legislation in rethe Legislature entirely in that respect. port progress, and ask leave to sit visors? Could not the Legislature The motion was agreed to. under a general law make provision gard to cities that has been quite offengive to some portions of the State. I The committee accordingly rose; and for just such cases as the gentleman sive to some portions of the State. I has supposed? suppose the object of this amendment the PRESIDENT, having resumed the Mr. LUCE. I do not know but they is to prevent the Legislature from in- Chair, Mr. LUCE. I do not know but they could; I was only suggesting some ob- terfering with Detroit, Port Huron, Mr. PRINGLE reported that the jections which presented themselves to and the other large cities of this State. committee of the whole, pursuant to the mind of the committee, as this I desire that the Legislature should the order of the Convention, had had subject was considered by the commit- not interfere with Port Huron, but let under consideration the article entitled tee that reported this article. Some us bear our own burdens, attend to our "Legislative Department;" had made cities require provisions altogether dif- own water works, and such things. I some progress therein, and had directed ferent from other cities. If the prac-stricted think the Legislature should be re- him to ask leave for the committee to tical objections to this amendment stricted by the Constitution from inter- sit again. could be got over, I should certainly meddling in the affairs of cities in a be in favor of the proposition. .merely desired to suggest that this is an important matter, and one which should not be passed over hastily. ment expressly excepts the city of De-cordingly, (at five minutes past 12 ment expressly excepts the city of De- o'clock, p. m.,) the Convention took Mr. DANIELLS. I would ask if the troit, and gives it over to the tender case decided by the Supreme Court mercies of the Legislature. It authora recess until 3 o'clock p. m. was upon an appeal from a board of izes the Legislature to pass special acts supervisors? in reference to cities containing over Mr. SUTHERLAND. I am not ten thousand inhabitants. I consider familiar with that decision, but I am this a very important subject. I hope informed that the point referred to by members will take time and reflect the gentleman from Branch (Mr. LUCE) upon it, for if a provision of this kind was not decided by the Supreme Court. can be adopted, it certainly will save It has not been decided by them, and the State an immense expense and will I imagine it would not be, that a county shorten the sessions of the Legislature could not exist with only one township. at least from ten to twenty days each Mr. BLACKMAN. There is one session, if my experience upon that other consideration which, it strikes me, subject entitles me to express an quested to ask leave of absence for has not been particularly alluded to in opinion. I presume that every mem- Mr. MUSGRAVE, until next Monday affavor of this amendment; that is the ber of this body, who has been a memgreat variety of powers that are granted ber in the Legislature will concur in to these villages by the manner in that opinion. In order to give time which the Legislature is now acting for reflection, as it is now twelve o'clock, upon the subject. Some have one set I will move that the committee rise,

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AFTERNOON SESSION.

o'clock p. m., and was called to order The Convention re-assembled at 3 by the PRESIDENT.

The roll was called, and a quorum answered to their names.

LEAVE OF ABSENCE.

Mr. PRINGLE. I have been re

ternoon.

Leave was accordingly granted.

PERSONAL EXPLANATION.

Mr. BURTCH. I rise to make a personal explanation, in regard to my

"No special acts to create any such organ

motion to amend the article on the
Legislative Department, so as to have ization, (townships, cities and villages,) or
defining their powers, except cities contain-
the Legislature meet every twentieth ing over ten thousand inhabitants, shall here-
year. I was laboring under a misap-after be passed by the Legislature."
prehension when I made the motion.
I supposed that there was one major-
ity against the amendment for the
yearly session of the Legislature, and
I
thought I would get off a little irony
by the introduction of my amendment.

LEGISLATIVE DEPARTMENT.

Mr. T. G. SMITH. I move that the Convention now resolve itself into

committee of the whole on the general

order.

Tho motion was agreed to. The Convention accordingly resolved itself into committee of the whole, (Mr. PRINGLE in the chair,) and resumed the consideration of the article entitled "Legislative Department." ORGANIZATION OF CITIES, TOWNSHIPS AND

VILLAGES.

The CHAIRMAN. When the committee rose this forenoon, it had under consideration section twenty-six of this article, as follows:

The pending question is upon the amendment of the gentleman from Saginaw, (Mr. SUTHERLAND,) to add to the section the following:

lation of two or three thousand inhabi

tants, and a million of dollars' worth of property, if it is not of sufficient importance to engage the attention of the Here is a very important limitation Legislature long enough to pass an act upon the power of the Legislature. of incorporation, and have a place They are prohibited from passing any upon the year-books of the State, then special act in relation to the incorpor- I think we have but very little use for ation of cities, townships or villages, the Legislature. My opinion is that except in cases of cities containing the Legislature was intended and deover ten thousand inhabitants. Upon signed to pass laws to meet the wants examining this question, I am clearly of every section of the State. of the opinion that this provision is When a village comes to contain made to operate harmoniously, and ter of great importance to them, that wholly inexpedient; that it cannot be three thousand inhabitants, it is a matsecure the interests of the State. If it they should have an act of incorporarule throughout every part of the necessities. is adopted, we are bound by an iron tion which will meet their wants and State. We must have the same act of well afford to take the time to grant The Legislature can very incorporation for villages or townships such a charter. If they have a charter in the southern part of the State, that which does not meet their wants, it we have in the northern part; the may prevent their growth and do very same in the eastern that we have in great injury to them. the western part. It seems to me that the whole history I ask gentlemen of the Convention of this general legislation is not at all if this provision can be made to operate encouraging. For the last seventeen without great hardship and great in-years none but municipal incorporaconvenience? What may be necessary tions could be organized in this State, "The Legislature may confer upon organand expedient for the northern penin- except under general law. The practiized townships, incorporated cities and vil-sula, may be wholly inapplicable to the cal effect of that in many instances has lages, and upon the board of supervisors of southern peninsula; what may be a been, to say the least, very bad. Take the several counties, such powers of a local, benefit to villages and townships on the the case of insurance companies. While legislative, and administrative character as they may deem proper." coasts of the lakes, may be wholly in- the State has been paying to eastern expedient for townships and villages in companies an amount for insurance the interior. What may be proper for greater than the taxes in the State, we large village may be improper for a have had no insurance companies in In some villages on the the State that possessed the confidence lake shores, certain restrictions or of the people. Why? Not because "The Legislature shall provide by general law for organizing townships, cities and vil-powers may be necessary that would we did not have capital in the State; lages, on such conditions and subject to be out of place in the interior of the not because we had no good busisuch regulations as may be prescribed. No State. Again, in many villages, where ness men here; not because our special acts to create any such organization rents and property are high, they might moneyed corporations were not equal taining over ten thousand inhabitants, shall require a high rate of taxation, perhaps to the corporations of other States; hereafter be passed by the Legislature." two or three per cent. In the villages but simply for the reason that no inMr. STOUGHTON. In the few re- in the interior, where property is held surance company could be chartered marks which I submitted to this at a much lower valuation, they might by the Legislature, and the general amendment when it was first offered, I want to limit taxation to one per cent., laws upon that subject were so defechad the impression that it was a sub- or less than that. tive, that no men possessing capital stitute for this section. I understand It seems to me that no general law would organize under them. And that now that it is intended as an addition can be made to meet the wants and is the case of a vast amount of other to the section. By referring to section interests of every section of the State. interests of the State. We have suftwenty-six it will be seen that it au- We have tried this; we have a general fered from this very cause. thorizes the Legislature to confer upon law now for the incorporation of vilIt does seem to me that it would be boards of supervisors certain powers. lages. And what has been the ex- for the interest of the State to leave The first clause of this amendment I perience of the State under such a this question right where it is; that can see no possible necessity for. It law? I venture to say that almost when villages and cities grow up, they authorizes the Legislature to provide every village which has been incorpo- should have such charters and priviby general law for organizing town-rated under that general law, either leges as they are properly entitled to. ships, cities and villages. The Legis- desires to get out from under it, or They have a right to ask and expect lature may do that now under the else has already done so. In my this of the Legislature. It would be present Constitution, or under the county a village obtained a special act wrong in us to tie up the hands of the Constitution which we will probably of incorporation last winter, and others Legislature and of the people so that frame. There is a general law now desire to do so. If gentlemen say that they could not get their reasonable refor the incorporation of villages and it would be better for the publie that quests granted. townships. This amendment proposes there should be such legislation in this to make it imperative upon the Legis- respect, that villages should not be allature to pass such a law. But the material part of the amendment is contained in the second clause, which is as follows:

or defining their powers, except cities con

Vol. 2-No. 13.

a

small one.

Mr. SUTHERLAND. It is true that the Legislature now have authority to lowed to have a special act of incorpo- pass general laws on this subject; and ration, then I should like to hear some it is true that they have passed a gengood reason given for it. I venture eral law for the organization of vilto say that where a village has a popu- lages. And probably it is quite true

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